DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,743,530. Although the claims at issue are not identical, they are not patentably distinct from each other because both are drawn to the same invention of selecting animated images to display within a dynamic keyboard interface specifically using media content item destination information.
Application No. 18/959,195 Claim 21
U.S. Patent No. 11,743,530 Claim 1
A computer-implemented method, the method comprising:
A computer-implemented method comprising:
obtaining, by a computing system comprising one or more processors, data that describes a media content item destination;
receiving, by a user computing device, data that describes a media content item destination,
obtaining, by the computing system, user-specific information descriptive of an interaction history of a user of a user computing device;
Claim 4. The computer-implemented method of claim 1, wherein the data that describes the media content item destination describes content that has been previously shared with via computer application by a user of the user computing device.
selecting, by the computing system, a plurality of media content items based on the data that describes the media content item destination and user-specific information, wherein the one or more media content items are determined based on the media content item destination and the interaction history of the user,
selecting, by a computing system comprising the user computing device, one or more media content items based on the data that describes the media content item destination,
wherein the plurality of media content items comprise a plurality of animated images; and
wherein the one or more media content items comprise animated image content; and
providing, by the computing system and for display by the user computing device in a dynamic keyboard interface, the plurality of media content items, wherein the plurality of animated images are rendered with animation in the dynamic keyboard interface.
providing, by the computing system for display by the user computing device in a dynamic keyboard interface, the one or more media content items.
Claims 22-40 are similarly unpatentable over claims 2-20 of U.S. Patent No. 11,743,530.
Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,184,926. Although the claims at issue are not identical, they are not patentably distinct from each other because both are drawn to the same invention of selecting animated images to display within a dynamic keyboard interface specifically using media content item destination information.
Application No. 18/959,195 Claim 21
U.S. Patent No. 12,184,926 Claim 1
A computer-implemented method, the method comprising:
A computer-implemented method comprising:
obtaining, by a computing system comprising one or more processors, data that describes a media content item destination;
receiving, by a computing system comprising one or more processors, data that describes a media content item destination
obtaining, by the computing system, user-specific information descriptive of an interaction history of a user of a user computing device;
wherein the data that describes a media content item destination is descriptive of an intended recipient of a message being drafted
(this constitutes information previously entered by the user)
selecting, by the computing system, a plurality of media content items based on the data that describes the media content item destination and user-specific information, wherein the one or more media content items are determined based on the media content item destination and the interaction history of the user,
selecting, by the computing system, a plurality of media content items based on the one or more target attributes
wherein the plurality of media content items comprise a plurality of animated images; and
wherein the plurality of media content items comprise a plurality of animated images
providing, by the computing system and for display by the user computing device in a dynamic keyboard interface, the plurality of media content items, wherein the plurality of animated images are rendered with animation in the dynamic keyboard interface.
providing, by the computing system for display by a user computing device in a dynamic keyboard interface, the plurality of media content items, wherein the plurality of animated images are rendered with animation in the dynamic keyboard interface.
Claims 22-40 are similarly unpatentable over claims 2-20 of U.S. Patent No. 12,184,926.
Allowable Subject Matter
Claims 21-40 are allowable over the prior art, as being directed towards the same invention as found in previously allowed U.S. Patent numbers 11,743,530 and 12,184,926. The claimed invention is drawn to means for selecting animated images to display within a dynamic keyboard interface (for inclusion in an electronic message, specifically) using media content item destination information and user specific information. Automated recommendation systems are common in the prior art, see for example Kocienda et la. (2008/0168366) who teaches making word recommendations when a user is drafting a message or Kim et al. (2015/0296273) who teaches making application recommendations that are presented in the user interface as animated images. The prior art does not appear to teach or reasonably suggest at the time of effective filing applicant’s claimed invention of suggesting animated images in a dynamic keyboard interface that takes into account both the messages intended destination and the interaction history of the user, as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOMINIC D SALTARELLI whose telephone number is (571)272-7302. The examiner can normally be reached 9:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Flynn can be reached at (571) 272-1915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DOMINIC D SALTARELLI/Primary Examiner, Art Unit 2421
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